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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FLYING HORSE (Trade Mark: Opposition) [2001] UKIntelP o19901 (26 April 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o19901.html Cite as: [2001] UKIntelP o19901 |
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For the whole decision click here: o19901
Result
Section 3(6): - Opposition partially successful.
Section 5(3): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opposition was based on the opponents’ use and registrations of their mark, consisting of the device of a winged horse. Dealing with the matter under Section 5(4)(a) the Hearing Officer concluded that given the different fields of activity and the mere similarity of the marks there was no likelihood of confusion or deception. The opposition under Section 5(4)(a) failed. The opposition failed also under Section 5(3) but partially succeeded under Section 3(6), in that the applicants had not shown any intention to use the mark in respect of the full range of the goods specified in their applications.
